Commonwealth Numbered Acts

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FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 79

Alteration of property interests.
79. (1) In proceedings with respect to the property of the parties to a
marriage or either of them, the court may make such order as it thinks fit
altering the interests of the parties in the property, including an order for
a settlement of property in substitution for any interest in the property and
including an order requiring either or both of the parties to make, for the
benefit of either or both of the parties or a child of the marriage, such
settlement or transfer of property as the court determines.

(2) The court shall not make an order under this section unless it is
satisfied that, in all the circumstances, it is just and equitable to make the
order.

(3) The court shall not make an order under this section unless a decree nisi
for dissolution of the marriage, or a decree of nullity of the marriage, has
been made or proceedings for a decree of dissolution or nullity of the
marriage have been instituted in that court or in another court having
jurisdiction under this Act or a party has filed in the court a notice under
section 15.

(4) In considering what order should be made under this section the court
shall take into account-

   (a)  the financial contribution made directly or indirectly by or on behalf
        of a party or a child to the acquisition, conservation or improvement
        of the property, or otherwise in relation to the property;

   (b)  the contribution made directly or indirectly to the acquisition,
        conservation or improvement of the property by either party, including
        any contribution made in the capacity of homemaker or parent;

   (c)  the effect of any proposed order upon the earning capacity of either
        party;

   (d)  the matters referred to in sub-section 75 (2) so far as they are
        relevant; and

   (e)  any other order made under this Act affecting a party. 


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